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Video Blog 2012 May Can No-Fault Divorces Win In New York?
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Can No-Fault Divorces Win In New York?

Posted By Demetria Graves || 15-May-2012

The last state to allow them is facing an uphill battle to reform

In 2010, the state of New York became the last to pass a law permitting No-Fault Divorces, the type that allows couples to dissolve a marriage that is "irrevocably damaged" with no fault going to either party. The benefit of having these types of divorces are two-fold: the emotional baggage that comes with blaming or being blamed for the divorce is gone and the cases that would clog up the court system are now gone. In the two years since its passage, however, some judges have decided that they would be final word on whether or not no parties are to blame, even though the soon-to-be-exes have only asked for what the law has sanctioned.

In an effort to create a common standard across the state, Long Island's Assemblyman Brian Curran, himself a lawyer, has decided to draft new legislation to make sure everyone has the opportunity to take advantage of at least a non-jury trial. However, lawyers across the state have cried out that it doesn't go far enough. For them to be appeased these (mostly) divorce lawyers want to see judges taken out of the equation all together when it comes to No-Fault Divorces, believing them to be a hindrance more than anything when it comes down to these types of divorces.

They also want to change a statute that prevents judges (if they were to stay in the equation) to grant divorces until all the financial and custody issues have been resolved. That would leave the door open for cases that take years to iron out, only to find out that the judge won't grant the divorce. The goal, all of them say, is to make a divorce a lot less painful than the stressful situation that got them there to being with.

Categories: Divorce

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